ROCKFORD — Judge Eugene Doherty won’t have to reconsider a temporary restraining order to stop the Rockford Fire and Police Commission from hearing a complaint filed by the police union against Chief Chet Epperson.

The motion was withdrawn Wednesday.

Instead, Epperson’s attorney, Thomas McGuire, is seeking a writ of prohibition, an order from Doherty to the commission, to cease its litigation against the chief because McGuire believes the commission does not have the authority to discipline the chief.

“You need to have power of appointment in order to have the power of discharge,” McGuire said in court.

Outside the courtroom, McGuire said the mayor has the authority — not the Fire and Police Commission — to hire, discipline and, if warranted, “discharge” the chief. He also said there is a power struggle between the chief and the Rockford Police Benevolent & Protective Association Unit 6 for control of the department.

“The union has threatened me with sanctions if I proceed, and I have informed the opposing counsel that the threat has caused me to be even more vigorous in presenting my views,” he said. “I wouldn’t be much of an attorney if I did it the other way.”

Union attorney Dan Cain was unavailable for comment after the hearing.

At issue is an October incident at the home of Lloyd Johnston, president of the NAACP’s Rockford chapter, in which officers were asked to conduct a welfare check on Johnston’s adult son.

Johnston refused to allow the officers into his home and called the chief while the officers were on his porch. Johnston complained about the officers’ conduct and refusal to say why they were asking for access to his house.

Union President Terry Peterson said Epperson’s advice to Johnston to not allow officers access and his assertion that he would send in a supervisor undermined his officers and potentially endangered Johnston’s son.

Mayor Larry Morrissey has defended the chief, saying his actions defused a potentially volatile situation and led to the incident’s peaceful resolution. No arrests were made.

McGuire and Cain will present their respective cases at 10:30 a.m. Aug. 13 to Doherty on who they believe has the authority to discipline the chief.

Epperson has a scheduled Aug. 25 hearing with the Fire and Police Commission.